N.D. Cent. Code § 30.1-37-06

Current through 2024 Legislative Session

Section 30.1-37-06 - Electronic will attested and made self-proving at time of execution

1. An electronic will may be simultaneously executed, attested, and made self-proving by acknowledgment of the testator and affidavits of the witnesses.

2. The acknowledgment and affidavits under subsection 1 must be:

a. Made before an officer authorized to administer oaths under law of the state in which execution occurs; and

b. Evidenced by the officer's certificate under official seal affixed to or logically associated with the electronic will.

3. The acknowledgment and affidavits under subsection 1 must be in substantially the following form:

STATE OF ____________________

COUNTY OF ____________________

I, ______________________, the testator, sign my name to this instrument this __________ day of _______, _____, and being first sworn, declare to the undersigned authority that I sign and execute this instrument as my electronic will and that I sign it willingly or willingly direct another to sign for me, that I execute it as my free and voluntary act for the purposes therein expressed, and that I am 18 years of age or older, of sound mind, and under no constraint or undue influence.

______________________________

Testator

We, __________________, _________________, the witnesses, sign our names to this instrument, and being first sworn, declare to the undersigned authority that the testator signs and executes this instrument as the testator's electronic will and that the testator signs it willingly or willingly directs another to sign for the testator, and that each of us, in the presence and hearing of the testator, signs this electronic will as witness to the testator's signing, and that to the best of our knowledge the testator is 18 years of age or older, of sound mind, and under no constraint or undue influence.

______________________________

Witness

______________________________

Witness

Subscribed, sworn to, and acknowledged before me by __________, the testator, and subscribed and sworn to before me by ___________ and __________, witnesses, this ________ day of ________________.

(SEAL) (Signed)______________________________

______________________________

(Official capacity of officer)

4. A signature physically or electronically affixed to an affidavit that is affixed to or logically associated with an electronic will under this chapter is deemed a signature of the electronic will under subsection 1 of section 30.1-37-04.

N.D.C.C. § 30.1-37-06

Added by S.L. 2021, ch. 257 (HB 1077),§ 1, eff. 8/1/2021.

See S.L. 2021, ch. 257 (HB 1077), § 2.